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Old 07.09.2011, 22:21
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ending contract..yes or no

Hello All
I am a UK citizen living and working as a teacher at an international school in the east of Switzerland. I have signed a contract with my school for the academic year from August 29th 2011 to the 29th of June 2012. But I have been head hunted and offered another job in the West of Switzerland for much much much more money. I was talking to a colleague today and she said that if you are being offered the same job in another business but with greater increase in money then I am legally able to break my contract with the company I am with.
I would really appreciate any advice on this
Cheers
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Old 07.09.2011, 22:27
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Re: ending contract..yes or no

Forgive me for the silly question, but what your contract states about breaking it?

If nothing is stated about this then i think you are free to interrupt collaboration. May be a notice period should be fine and correct.
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Old 07.09.2011, 22:31
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Re: ending contract..yes or no

Read your contract re notice period and comply with it.

Please don't expect validation from us for non compliance.

AYB
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Old 07.09.2011, 22:34
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Re: ending contract..yes or no

Hi, I am not sure I understand your colleague's advice!

As Frantic has said, check the contract for any termination clauses and then check which country's law it is subject to.

Presumably you have started working already?
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Old 07.09.2011, 22:37
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Re: ending contract..yes or no

I would consider also the effect on your reputation - certainly in my experience it's a small world and reputations for leaving without completing contracts travel far...
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Old 07.09.2011, 22:38
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Re: ending contract..yes or no

I have started work..Reading contract as follows (which is very vague)
'this contract is valid from August 29, 2011 (after receipt of Swiss work permit) and will end June 22, 2012 or at the end of the school year 2011/2012'
'all matter which are not specifically mentioned in this contract are subject to Swiss law'

'any changes or additions to this contact must be made in writing and signed by both parties'

nothing about leaving or terminating contract

I appreciate all advice. Thanks
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Old 07.09.2011, 22:39
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Re: ending contract..yes or no

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if you are being offered the same job in another business but with greater increase in money then I am legally able to break my contract with the company I am with.
Only if you're a footballer
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Old 07.09.2011, 22:40
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Re: ending contract..yes or no

thanks..yeah I know and especially in my profession reputation is everything! Its just the job is for Head of Department
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Old 07.09.2011, 22:40
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Re: ending contract..yes or no

Generally a teaching contract will have a section on the agreed term and procedure for being able to resign from your contract - which may or may not include penalties. If there is nothing in yours, then you may find that your employer is sympathetic, or willing to negotiate a settlement with you. Or you may find that you have to follow what ever is accepted Swiss law and practice under these circumstances.
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Old 07.09.2011, 22:43
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Re: ending contract..yes or no

yeah its all very confusing and I don't know what to do..take the plunge (just for money) or stay in a job I am happy at and move next year. I think it might be the case of perfect job opportunity, completely wrong timing
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Old 07.09.2011, 22:45
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Re: ending contract..yes or no

Just read the parts you quoted from your contract. It sounds as if the first thing you need to do, is talk to your Head or employer. If the job being offered to you is a professional advancement ( sounds as if HOD is) then most Heads would be sympathetic to that - BUT may require you to stay till a replacement can be found. At the same time, the school now offering you the new job ( this is rather late for this term) should realise that you can't just walk out of your current position. If they are expecting you to do this, then I would wonder about their integrity as an employer. Good luck.
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Old 07.09.2011, 22:48
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Re: ending contract..yes or no

Yeah thanks for the advice people. The school recruiting is also fantastic and a good reputation in the department but the job came up suddenly due to the employee having to move home. Its a great opportunity but reputation, loyalty and my work ethic all has to be taken into consideration. Always a tricky situation.
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Old 07.09.2011, 22:52
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Re: ending contract..yes or no

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for much much much more money.
On the main bit.....I vote for what Biff said

On the quoted bit.....just out of interest, what is "much much much" as a %?
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Old 11.09.2011, 21:50
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Re: ending contract..yes or no

If you break contract there are two things to consider:

According to Swiss law, if you are taken to court for breaking contract the maximum penalty is one quarter of the notice period of your contract, plus any expenses incurred by the school as a result of your sudden departure.

Damage to professional reputation. You go for another job in the future and the new employer contacts the school you broke contract with, which may damage their opinion of you.

Difficult decision, but you have to weigh it up and make the one that's best for you and your future.
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Old 11.09.2011, 22:16
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Re: ending contract..yes or no

The real question you need to ask yourself is how would you react if your employer told you one day " listen old chap, i've found another flake who can do your job for 20% less, so if you could please pack your things and close the door when you leave"

Once you'vbe answered this, you'll be in a far better position to answer your own question.

Swiss empoyment law is not the same as UK law, it's easy to sack somebody, which I think is quite fair. It gives the same rights to an employee as an employer and if you slack off you know the consequences.
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  #16  
Old 11.09.2011, 22:25
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Re: ending contract..yes or no

Your friend is a lousy lawyer.

You need to give 2 full month's notice in writing, registered letter. If you send the letter to arrive before Saturday 1st October 2011, you could start work on 1st December 2011.
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